A motorist who drives negligently or recklessly in Indiana and kills another person may face reckless homicide charges.
Unlike many other states, Indiana doesn't have a "vehicular homicide" statute that applies exclusively to driving-related unlawful killings. However, a motorist who causes the death of another person while driving recklessly can be charged with "reckless homicide." And Indiana law imposes enhanced penalties for OWI (operating a vehicle while intoxicated) offenses that result in the death of another person.
How Does Indiana Define Vehicular Homicide (Reckless Homicide)?
A motorist can be convicted of reckless homicide for killing another person while driving in a reckless manner. Basically, a person acts with recklessness by engaging in conduct that involves "plain, conscious, and unjustifiable disregard of harm that might result and such conduct involves a substantial deviation from acceptable standards of conduct." In other words, the person is aware of the dangerousness of the conduct but decides to do it anyway.
For purposes of enhanced OWI penalties, intoxication is defined as having:
- a blood alcohol concentration (BAC) of .08% or more (get an estimate of how drinks will put you over the limit)
- any amount of a Schedule I or II controlled substance in the blood, or
- an "impaired condition of thought and action and the loss of normal control of a person's faculties" as the result of ingesting drugs or alcohol.
In other words, a driver can be convicted of an OWI (and subject to the death-related enhancements) based on actual impairment or the amount of of drugs or alcohol in his or her system.
Penalties for Vehicular Homicide and Manslaughter in Indiana
The consequences of a driving-related killing depend on the circumstances. However, the possible penalties for the two classifications are provided below.
Indiana's Reckless Homicide Penalties
Reckless homicide is a level 5 felony. Convicted motorists face one to six years in prison and up to $10,000 in fines.
Indiana's OWI-Related Vehicular Homicide Penalties
Generally, an OWI-related killing is a level 5 felony and carries one to six years in prison and up to $10,000 in fines.
However, an OWI-related killing is a level 4 felony if the driver has a prior OWI conviction that occurred within the past ten years, was driving on a suspended or revoked license (because of an OWI or being a "habitual violator"), or was at least 21 years old and had a BAC of at least .15% or a Schedule I or II controlled substance in the blood. A level 4 felony carries two to 12 years in prison and up to $10,000 in fines.
Talk to an Indiana Criminal Defense Attorney
The consequences of killing another person while driving can be serious. If you've been arrested for a driving-related killing—or any other crime—get in contact with a criminal defense attorney right away. The facts of every case are different. An experienced defense attorney can explain how the law applies to the facts of your case and help you decide on the best plan of action.
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